Question: How should one prepare for the possibility that the defendant may not pay even after a favorable judgment?
Answer: In a situation where the defendant does not pay the judgment amount after a court ruling in your favor, you can request a writ of execution from the court. This allows you to collect the judgment amount directly from the defendant's bank account or other assets. If the defendant has a bank account, you can present the judgment to the bank, and they are required to provide the funds available in the account to satisfy the judgment. If the defendant claims to have paid you, you should request proof of payment such as bank statements, checks, or wire transfers to substantiate their claim.
Please note:This response is for general informational purposes only and should not be considered legal advice. For advice specific to your situation, consult a qualified attorney. We recommend consulting with a qualified attorney to address your specific legal concerns. The forum, its administrators, and contributors assume no responsibility for actions taken based on the information provided here. Laws and regulations are subject to change and may vary by location.
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Attorney Francisco Lopez